Co-Parenting A Child With A Chronic Illness

Parenting plans provide a road map for almost every aspect of raising children with your ex-spouse, except for financial matters.  Most parents put the most effort, and the most conflict, into provisions about holiday parenting time; sometimes the courts have ruled that, in odd-numbered years, the children will spend Black Friday with Mom, who always buys a Christmas tree and decorates it on that day, while in even-numbered years, they will be with Dad, who spends Black Friday playing paintball with the boys of the young generation while his mother takes the girls to get a manicure.  The provisions about which parent has the final decision about the children’s non-emergency medical care are usually not the most contentious ones, except in unusual circumstances, such as if one parent opposes giving the children the vaccines that schools require.  Non-emergency medical treatment is less a source of stress for most parents than rush hour commutes and family gatherings at the holidays.  If a child has a chronic illness and requires frequent doctor’s office visits, though, everything is different.  For help resolving disputes with your ex-spouse about the management of your child’s chronic health condition, contact a Birmingham child custody lawyer.

The Role of a Guardian ad Litem in Co-Parenting Disputes

An Alabama couple divorced when their older daughter was seven years old and their younger daughter was five years old.  The parties finalized a parenting plan where the children spent weekdays with the mother in Decatur and weekends with the father in Russellville.  Less than a year later, the older daughter became ill and was diagnosed with juvenile idiopathic arthritis, an autoimmune disease.

The daughter required treatment in Nashville, and the father filed a motion for the court to appoint him as primary residential parent.  Both his proximity to Nashville and his flexible work schedule put him in a better position to accompany the daughter to medical appointments in Nashville.

The court sometimes appoints a guardian ad litem to make findings to assist the court in co-parenting decisions like these.  The guardian ad litem may observe the child with both parents and may interview educators and medical professionals involved in the child’s situation.  In this case, the guardian ad litem believed that the children should reside primarily with the father, and the court modified the parenting plan accordingly.  The mother objected, since the guardian ad litem had based her recommendations partly on her concerns over the mother’s boyfriend, a recovering addict who was taking suboxone as prescribed.  The mother claimed that this information was irrelevant, because the court had not asked about it, and it was mostly based on hearsay.  The appeals court reversed the trial court’s decision and remanded the case to the trial court to decide again.

Contact Peeples Law About Medical Treatment Provisions of Parenting Plans

A Birmingham family law attorney can help you if you and your ex-spouse disagree about your children’s non-emergency medical treatment.  Contact Peeples Law today to schedule a consultation.

Source:

scholar.google.com/scholar_case?case=3813856053979954913&q=divorce+drugs&hl=en&as_sdt=4,61,62,64&as_ylo=2014&as_yhi=2024